BILL ANALYSIS
AB 2088
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Date of Hearing: May 4, 2010
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 2088 (Adams) - As Amended: April 26, 2010
SUBJECT : Recall elections.
SUMMARY : Establishes a process for filling a vacancy in an
office that occurs after a recall petition has been filed
against the vacating officer. Specifically, this bill :
1)Requires the elections official or officials to verify the
signatures on the recall petition that have been submitted as
of the date of the vacancy.
2)Provides that if a sufficient number of signatures have been
filed for the recall to qualify as of the date of the vacancy,
the recall election shall proceed.
3)Provides that if an insufficient number of signatures or no
signatures were filed for the recall to qualify as the date of
the vacancy, the recall shall not proceed and the vacancy
shall be filled as provided by law.
4)Provides that a person who is the subject of a recall petition
may not be appointed to fill the vacancy in the office that he
or she vacated nor shall that person be appointed to fill any
other vacancy in office on the same governing board for the
duration of the term of office of the seat that he or she
vacated.
5)Provides that if more than 500 signatures are submitted for a
recall petition, the elections official may verify, using a
random sampling technique, either 3 percent of the signatures
submitted, or 500, whichever is greater.
EXISTING LAW :
1)Provides that if a vacancy occurs in an office after a recall
petition is filed against the vacating officer, the recall
election shall proceed. Provides that the vacancy shall be
filled as provided by law, but any person appointed to fill
the vacancy shall hold office only until a successor is
selected and the successor qualifies for that office.
AB 2088
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2)Provides that if fewer than 500 signatures for a recall
petition are submitted to the elections official, he or she
shall count the number of signatures and submit those results
to the Secretary of State and provides that if 500 or more
signatures are submitted, the elections official may verify,
using a random sampling technique, either 3 percent of the
signatures submitted, or 500, whichever is less.
FISCAL EFFECT : Keyed non-fiscal by Legislative Counsel.
AB 2088
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COMMENTS :
Purpose of the Bill : According to the author:
AB 2088 clarifies the recall process in the event an
elected official subject to a recall resigns during the
process. Current law provides that if an elected official
resigns after a recall petition is filed with the county
elections official, the entire recall process, including
the requirement that an election be held, must proceed. In
addition, there is a conflict in statute regarding how the
random sampling of signatures used to qualify a recall for
the ballot must be conducted.
AB 2088 addresses this conflict and clarifies the process
to be followed when the elected official resigns after
recall petitions have been filed with a county elections
office. AB 2088 also eliminates a conflicting statue
regarding the random sampling of signatures that must be
verified to qualify a recall election for the ballot.
REGISTERED SUPPORT / OPPOSITION :
Support
Secretary of State Debra Bowen (sponsor)
Opposition
None on file.
Analysis Prepared by : Qiana Charles / E. & R. / (916)
319-2094